Georgia Family Law Questions & Answers

Q: I've cared for this baby girl since July 19th 2018 the day she was born.

1 Answer | Asked in Family Law and Juvenile Law for Georgia on
Answered on Feb 20, 2019
Ellaretha Coleman's answer
That depends on what legal documents you have. We can not answer this question without knowing what documents you have. However, if the documents were not filed in a court, they likely are not enforceable. Custody and guardianship documents must be filed with a court of law to be enforceable. You should consult with an attorney to determine your options.

Q: I am looking for a lawyer that will assist me with a case against Family and children services regarding my 3 kids

1 Answer | Asked in Family Law for Georgia on
Answered on Feb 20, 2019
Ellaretha Coleman's answer
If you have a pending dependency case with DCFS, you need to consult with an experienced family law attorney immediately. The timelines in these cases can be swift, depending on the circumstances.

Q: If i pleaded guilty to family violence but it was self defense helping family who was attacked by a weapon what to do

1 Answer | Asked in Domestic Violence and Family Law for Georgia on
Answered on Feb 20, 2019
Ellaretha Coleman's answer
You should consult with a criminal defense attorney to determine your options.

Q: Likelihood of 50% custody with no legitimization and never helped financially. only asked for 50% after child support

2 Answers | Asked in Family Law and Child Custody for Georgia on
Answered on Feb 20, 2019
Ellaretha Coleman's answer
Not likely that he would get 50/50 physical custody if he has not been involved prior to now and the child is 4 years old. The court will look to the best interest factors in determining custody, which includes the parties' historical parenting. You should consult with an attorney to discuss the specific facts of your case.

Q: Is hearsay admissible after the 10 day hearing of a dfcs case? Can you sue if they've done this?

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Georgia on
Answered on Feb 19, 2019
Homer P Jordan IV's answer
You should consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: After living on mom and stepfathers land for 23 years and paying taxes, being told its mine can they just evict me.

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 19, 2019
Ellaretha Coleman's answer
This is a real estate or landlord tenant question, not a family law question and should be posted in the correct area to obtain an answer.

Q: If NCP remarries, does the child support amount included the income from the new spouse?

3 Answers | Asked in Child Support and Family Law for Georgia on
Answered on Feb 18, 2019
Ellaretha Coleman's answer
No. Only the income of the parents are considered for determination of child support.

Q: How does one find a lawyer in Atlanta with experience in narcissistic behavioal disorder?

2 Answers | Asked in Divorce and Family Law for Georgia on
Answered on Feb 18, 2019
Homer P Jordan IV's answer
You may want to call around to some law offices to inquire about what areas they have experience with. Then go on a consultation or two, so you can see if the attorney is a good fit and is someone who will be able to help you with your case. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: My step dad's mother died, and he is severely depressed. My mom needs to know her rights as his spouse?

2 Answers | Asked in Family Law and Real Estate Law for Georgia on
Answered on Feb 17, 2019
Kim Ebert's answer
Your question is vague as to what real estate you're asking about.... his deceased mother's or real property your step-father and mother own jointly or separately. A competent attorney can answer your questions. Have all the pertinent facts readily available for the consultation.

Q: What happens when the non-custodial parent has two jobs but only reports one for a modification?

2 Answers | Asked in Family Law for Georgia on
Answered on Feb 17, 2019
Kim Ebert's answer
A well trained attorney can examine, under oath, parties and witnesses, and also has discovery tools that will show the Court an accurate portrayal of the parties' income, etc. Also, if there are legal reasons to disturb a final judgment, time is of the essence to do so. Consult with an attorney to explore options.

Q: I'm about to go to court to get legitimized for my son. Do I or should I file a putative registry form

1 Answer | Asked in Family Law and Child Custody for Georgia on
Answered on Feb 17, 2019
Kim Ebert's answer
I generally advise fathers to register if they have concerns that they have fathered any children, other considerations including such as a desire to have a relationship with their offspring. Some men, for obvious financial reasons, intentionally choose not to register. A well drafted petition will likely include the relief you desire. Consult with an attorney.

Q: Will anyone help a single mom in Forsyth county stop a wealthy ex husband and his family from violating a court order?

2 Answers | Asked in Criminal Law, Domestic Violence and Family Law for Georgia on
Answered on Feb 15, 2019
Kim Ebert's answer
Many attorneys, and I’m assuming local to you too, provide free consultations. Also, check with the local legal aid. Child custody situations can be stressful, but a competent local attorney can ease the stress. Good luck.

Q: A child was taken away from me a week ago my DHR. I passed my urine analysis yet her supposed father was granted custody

2 Answers | Asked in Child Custody, Criminal Law and Family Law for Georgia on
Answered on Feb 15, 2019
Regina Irene Edwards' answer
You need to talk with an attorney about your specific case. Your case is too unique and your question too specific to be answered generally.

Q: I have a dfcs case. My daughter was placed wit her paternal grandmother. DNA showed she wasn't her daddy's biological

1 Answer | Asked in Family Law and Adoption for Georgia on
Answered on Feb 15, 2019
Homer P Jordan IV's answer
Going off of the situation you have described, he has no legal rights to the child. You weren't married and he has not legitimized her, and now you found out he's biologically not the father. Having no legal rights to her, it's unlikely they would place her with him. You may want to consult with an attorney who can review the facts of the case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: I received court papers from dfcs lawyer and they lied about alot of information on me. What can I do about that?

1 Answer | Asked in Family Law for Georgia on
Answered on Feb 15, 2019
Homer P Jordan IV's answer
Are you working with an attorney? If not, you should consult with an attorney who can review the facts of your case in detail and help you plan the proper course of action. There has to be a compelling reason why they removed the child and that they are having you work through a plan to gain her custody back. Without knowing that information in detail it's difficult to provide you with direction on how to handle the situation. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: What can the NCP do without paying excessive attorney fees when a CP kicked the child out the house?

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Feb 15, 2019
Homer P Jordan IV's answer
You should consult with an attorney who can review the facts of your case, present you with the options, and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: Person wants me to sign a trade secret document before getting out of our informal partnership with no assets, only idea

2 Answers | Asked in Contracts, Copyright and Family Law for Georgia on
Answered on Feb 13, 2019
Ellaretha Coleman's answer
This is not a family law question and has been addressed to the wrong forum.

Q: My 13 year old stepson wants to have his abusive mothers rights terminated so that his father and I can adopt him.

1 Answer | Asked in Family Law, Adoption and Child Custody for Georgia on
Answered on Feb 12, 2019
Homer P Jordan IV's answer
Ultimately that would be up to the judge, who would make the decision after reviewing the facts of the case. I'm assuming the abuse has been documented as well. You should consult with an attorney who can review the facts of the case in detail and help you plan the proper course of action. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

Q: If the NCP is awarded custody and becomes the CP, does this remove the child support order? Is a separate motion to

2 Answers | Asked in Child Custody, Child Support and Family Law for Georgia on
Answered on Feb 12, 2019
Ellaretha Coleman's answer
The new order should supersede the prior order on child support. However, if the child support is being collected by DHS, you may need to forward a copy of the new order to terminate the child support withholding.

Q: If something happens to me can I set up where my kids be taken care of by my family instead of their dad?

2 Answers | Asked in Family Law, Divorce and Child Custody for Georgia on
Answered on Feb 12, 2019
Ellaretha Coleman's answer
You can not will away children in the event of your death. If the unfortunate should happen, the father can petition the court for custody of the children.

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